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Jakarta Post

Pinning hopes on KPK selection committee

For the third time, the Corruption Eradication Commission (KPK) must admit defeat

Hery Firmansyah and Adam James Fenton (The Jakarta Post)
Jakarta/Darwin
Thu, July 2, 2015

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Pinning hopes on KPK selection committee

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or the third time, the Corruption Eradication Commission (KPK) must admit defeat. Hadi Purnomo'€™s pretrial challenge was upheld by the South Jakarta District Court and presents yet another test for the KPK in its struggle to remain in the hearts and minds of the public as a credible institution for eradicating corruption.

It'€™s as though the KPK'€™s problems will never end. The trouble began with the case of would-be police chief Budi Gunawan and a pre-trial finding, which upheld his challenge to his status as a suspect. Then came Novel Baswedan, a KPK investigator, who switched roles when he became a suspect in a police investigation.

Other internal problems have shaken the institution. In 2012, following an investigation into the involvement of senior police officer Djoko Susilo in relation to graft and driving test simulators, police responded by withdrawing their best investigators from the KPK.

These tit-for-tat exchanges have exposed a friction between the KPK and the police, which rises to an institutional level. We can no longer avoid the fact that corruption has transformed into a kind of social movement that grips those in power.

So much so, that a declaration of war on corruption would be met with great challenges and resistance. It begins with the difficulty met by investigators in proving corruption.

High-level corrupt officials, with access to power and money, are able to mount extraordinary defenses to their charges '€” even to the point that the law enforcers themselves become criminalized. And these maneuvers are successful in diverting the public'€™s attention from the real issues. In that context, it is clear that the job of the KPK selection committee, in selecting candidates for the next leadership of the organization, is not easy. It hadn'€™t even begun its work when the panel grabbed public attention for being entirely composed of women. Jokowi'€™s intention in selecting only women for the committee is unknown.

However, it has created yet more speculation in the storm of media attention that surrounds the KPK. Being the head of the KPK is no easy job. Appointees are faced with the prospect of prosecuting individuals whose backgrounds are firmly ensconced in wealth and power.

Their reach is long, and they are prepared to go to great lengths to defend themselves. Antasari Azhar, Bibit Samad Rianto, Chandra Hamzah, Abraham Samad and Bambang Widjojanto are just some of the individuals who have felt the bitter sting of leading the organization in the past.

The public is only now coming to grips with the many methods that have been used to challenge the authority and effectiveness of the KPK '€” used to break its momentum when the institution endangered vested interests. The selection committee will need to pay special attention to the track records of candidates for the KPK'€™s top jobs. Integrity is the key factor. Legal expertise is secondary. If the candidates need legal advice they can form teams of legal experts to guide them.

In examining the track records of candidates, the selection committee should require a minimum of 20 years'€™ experience. He or she must be a leader of exceptional integrity, education and morality.

The credibility of the KPK must always be the reference point. The selection committee must strive to complete this task, for the sake of the general public, which seeks a nation that is clean and free of corruption. A KPK leader must not only be a firm law enforcer, but must also be adept at managing a bureaucracy and communications technology. The appointee will also need to deftly bridge the gap that currently divides the nation'€™s top law-enforcement institutions through clear and straightforward communication.

Following a call from Vice President Jusuf Kalla, several high-ranking officers from both the Indonesian Military (TNI) and the National Police (Polri) are now contenders for selection as the next heads of the KPK. The move has the potential to dampen the inter-institutional friction and rivalry that exists between the KPK and other law-enforcement bodies.

Involving former officers from the TNI and Polri in the KPK'€™s leadership may bolster the commission'€™s synergy and ultimately its effectiveness as an anticorruption agency. Candidates must however be fearlessly independent in investigating corruption within the ranks of their former agencies.

The people'€™s energy and patience for corruption eradication will be sorely tested if a new leadership cohort once again falls through these same maneuvers. It is time to clean house. It is time to sweep away the filth of corruption. Revisions to the KPK legislation must be passed, and the institution must be strengthened, to restore it to its position as a pivotal institution in the fight against graft. And this must be done before any more martyrs fall in the cause of corruption eradication. In the famous words of one of the nation'€™s founding fathers, Bung Hatta, '€œdon'€™t allow corruption to become the culture of Indonesia'€.

The fear of the proclaimer of independence has become a reality that penetrates all corners of the nation, even religious institutions. The dream of a prosperous nation can never be realized while this situation remains.

We wish the KPK selection committee the best in their task, and that the way toward a clean nation will become clearer for all.
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Hery Firmansyah is a lecturer in the faculty of law, Tarumanagara University in Jakarta. Adam James Fenton is law doctoral candidate at Charles Darwin University.

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